Terms of Use
Database Terms of Use
The following contains the terms and conditions governing the submission of information to the database, including but not limited to our privacy policy concerning your information. Please read the entire document. The bottom line is that EmbraceRace will never share your personal information with anyone and will use your contact information only to let you know about opportunities to participate in research studies. Whether or not you actually follow up on those opportunities will be up to you alone. In return, you agree to provide complete and accurate information. If ever you want to update your information or delete your account, let us know at R3Network@embracerace.org.
Thank you!
Last Modified: March 14, 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Proteus Fund, Inc. (the "Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to, use of, and submission of information through and to, the website and database (collectively, the “Database”) located at embracerace.org/community/research including any content, functionality, and services offered on or through the Database and our use of the information you may provide to us through the Database.
Please read the Terms of Use carefully before you start to use the Database. By using the Database, entering information into the Database, submitting information to the Database, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access, use or submit information to the Database.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Database thereafter and use of any information collected or submitted pursuant thereto, whether such information is collected or submitted prior to or subsequent to a revision or update of these Terms of Use.
Your continued use of the Database following the posting of revised Terms of Use or failure to request that any information collected or submitted be deleted means that you accept and agree to the changes. You are expected to check the Database from time to time so you are aware of any changes, as they are binding on you.
Accessing the Database and Account Security
We reserve the right to withdraw or amend the Database in our sole discretion without notice.
The primary purpose of the Database is to collect certain information from you. It is a condition of your use of the Database that all the information you provide on the Database is correct, current, and complete to the best of your knowledge. You agree that all information you provide, including but not limited information provided through registration with the Database or through the prompts or collection fields featured on the Database, is governed by our Privacy Policy set forth herein, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Database or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Database and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to engage with the Database for your personal, non-commercial use only. You must not (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Database, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) download or make copies of any information contained in the Database; (iii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iv) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; (v) or access or use for any commercial purposes any part of the Database or any services or materials available through the Database.
Prohibited Uses
You may use the Database only for lawful purposes and in accordance with these Terms of Use. You agree not to use, access or use the Database: (i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) Use the Database in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's access to the Database; (iv) Use any robot, spider, or other automatic device, process, or means to access the Database for any purpose, including hacking, monitoring or copying any of the material on the Database; (v) Use any manual process to monitor or copy any of the material on the Database, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (vi) Use any device, software, or routine that interferes with the proper working of the Database; (vii) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (viii) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Database, the server on which the Database is stored, or any server, computer, or database connected to the Database; (ix) Attack the Database via a denial-of-service attack or a distributed denial-of-service attack; or (x) Otherwise attempt to interfere with the proper working of the Database.
Privacy Policy
The Database contains web pages, forms, and other interactive features (collectively, "Interactive Services") that allow users to submit personal information either about themselves or a Child to whom they are a Caregiver (as hereinafter defined) to, including, but not limited to information such as age, e-mail address, zip code, gender, race, ethnicity and other personally identifiable information (collectively, "User Information").
Any User Information you submit to the Database will be handled in accordance with these Terms of Use. By providing any User Information to the Company on or through the Database, you represent and warrant that you are over the age of eighteen (18). You understand and acknowledge that your User Information is submitted and transmitted to the Company at your own risk. Although we take reasonable efforts to safeguard your User Information and to work with vendors in carrying out our services that take reasonable efforts to safeguard your User Information, please be aware that no security measures are perfect or impenetrable.
We are not responsible or liable to you for any third party that you may contact, or who may contact you, by virtue, whether directly or indirectly, of the submission of User Information.
How We Use Your Information
We use your User Information to provide you with information or opportunities concerning third party research topics or studies that you may be interested or willing to participate in, in any other way we may describe when you provide the information, or for any other purpose with your consent. However, we make no guarantee that we will contact you with such information or opportunities.
Disclosure of Your Information
We do not share, sell, rent or transfer User Information accept as set forth herein. We may disclose aggregated User Information, and User Information that does not identify any individual, without restriction. We may transfer your User Information to a successor organization in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Database users is among the assets transferred. We otherwise will not disclose User Information that we collect or you provide except to fulfill the purpose for which you provide it, or any other purpose disclosed by us when you provide the information or with your consent.
We may also disclose your personal information (i) To comply with any court order, law, or legal process, including to respond to any government or regulatory request; or (ii) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
Control of your Information
You may send us an email at R3Network@embracerace.org at any time to request access to, correct or delete any User Information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Privacy Policy for Children Under the Age of 18
Our Database is not intended for use by children under 18 years of age. No one under 18 years of age may provide any personal information to, or on, the Database. Users that are above the age of 18 and are the parents, caregivers and legal guardians (“Caregivers”) of individuals under the age of 18 (“Children”) have the option, but not the obligation, to provide information concerning Children that the user is the Caregiver of. A Caregiver’s disclosure of information concerning a Child is not a condition to the Caregiver’s participation with the Database. By submitting information to the Database regarding a Child, you represent and warrant that you are the Child’s parent or legal guardian.
The Children's Online Privacy Protection Act of 1998, its rules (collectively, "COPPA") and related state laws require us to inform Caregivers about our practices for collecting, using, and disclosing personal information concerning Children. It also requires us to obtain verifiable consent from a Child's Caregiver for certain collection, use, and disclosure of the Child's personal information.
We only collect the information that a Caregiver may choose to submit regarding a Child through the prompts provided in the Database, which may include information such as age, zip code, gender, race, and ethnicity. We do not share, sell, rent or transfer a Child’s personal information accept as set forth herein. We may disclose aggregated information about many of the individuals in the Database, including individuals under the age of 18, or information that does not identify any individual without restriction. We may transfer a Child’s User Information to a successor organization in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about a Child is among the assets transferred. We otherwise will not disclose a Child’s personal information except if we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request. Information will not otherwise be made publicly available. We may use the personal information of a Child to provide Caregivers with information or opportunities concerning third party research topics or studies that you or your Child may be interested or willing to participate in. We will not contact your Child directly.
At any time, you may review the Child's personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the Child's information by contacting us at R3Network@embracerace.org. To protect your privacy and security or the privacy and security of the Child, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
Monitoring and Enforcement; Termination
We have the right to remove, delete or refuse to accept any User Information for any or no reason in our sole discretion or to disclose your identity or other information about you collected by and through the Database to any third party who, in the sole an absolute discretion of the Company, we are required to do so by law or legal process. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Database. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Linking to the Database and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Links and Referrals from the Database
If the Database contains or subsequently provides, whether by email or otherwise, links or referrals to other sites, resources, opportunities or studies provided or performed by third parties, including but not limited to research study opportunities, these links and referrals are provided for your convenience only. We have no control over the contents, quality or level of service of those sites, resources or opportunities, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you or any Child that you are a Caregiver to decide to access any of the third-party websites linked to this Database or any third-party services, whether through email or otherwise, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.
Geographic Restrictions
The owner of the Database is based in the Commonwealth of Massachusetts in the United States. We provide this Database for use only by persons located in the United States. We make no claims that the Database or any of its content is accessible or appropriate outside of the United States. Access to the Database may not be legal by certain persons or in certain countries. If you access the Database from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Database will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OF THE DATABASE.
YOUR ACCESS TO THE DATABASE AND SUBMISSION OF INFORMATION THERETO IS AT YOUR OWN RISK. THE DATABASE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DATABASE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE DATABASE OR ANY PARTICIPATION IN ANY SERVICES OR OFFERINGS, DIRECLTY OR INDIRECTLY, THROUGH THE DATABASE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Database, including, but not limited to, your User Information, any use of the Database's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Database.
Governing Law and Jurisdiction
All matters relating to the Database and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Database shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the City of Boston and County of Suffolk. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Database, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and the Company regarding the Database and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Database.
Your Comments and Concerns
This Database is operated by Proteus Fund, Inc. 15 Research Drive, Suite B. Amherst Massachusetts. 01002.
All other feedback, comments, requests for technical support, notices and other communications relating to the Database should be directed to: R3Network@embracerace.org.